Rajesh Gupta @ Rajesh Kumar Gupta vs The State Of Jharkhand
2023 Latest Caselaw 431 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No. 1165 of 2022
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Rajesh Gupta @ Rajesh Kumar Gupta ... ... Petitioner Versus The State of Jharkhand ... ... Opp. Party

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CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Indrajit Sinha, Advocate;

Mr. Awnish Kumar, Advocate;

                         Mr. Ajay Kumar Sah, Advocate
For the State      :     Mr. Manoj Kumar, GA-III
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Order No. 04: Dated: 24 January, 2023
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IA No. 11156 of 2022

Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner has submitted that the instant Interlocutory Application bearing IA No. 11156 of 2022 has been filed with a prayer to enlarge the petitioner on bail.

Learned counsel for the petitioner has pointed out that the instant Revision Application has been preferred against the judgment of conviction and the order sentence dated 24.08.2022 passed by the learned lower appellate Court in Criminal Appeal No. 188 of 2019, whereby and whereunder, the learned appellate Court has dismissed the appeal and confirmed the judgment of conviction and the order of sentence dated 09.10.2019 passed by the learned Sub Divisional Judicial Magistrate, Dhanbad in GR No. 2023 of 2013, arising out of Katras PS Case No. 120 of 2013, corresponding to TR No. 990 of 2019, whereby the revisionist was found guilty for committing offence under Sections 353, 323 and 332 all read with Sections 149 and 147 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for twelve months with a fine of Rs.1000/- for committing offence under Section 323 read with Section 149 of the Indian Penal Code; rigorous imprisonment for twelve months with a fine of Rs.2000/- for committing offence under Section 353 read with Section 149 of the Indian Penal Code; rigorous imprisonment of

eighteen months with a fine of Rs.3000/- for committing offence under Section 332 read with Section 149 of the Indian Penal Code; rigorous imprisonment for twelve months with a fine of Rs.1000/- for committing offence under Section 147 of the Indian Penal Code and; rigorous imprisonment for eighteen months with a fine of Rs.1000/- for committing offence under Section 225 of the Indian Penal Code and in default of payment of fine, he has to undergo further rigorous imprisonment for three months with respect to each offence and all the sentences were directed to run concurrently.

It has further been pointed out by the learned counsel for the petitioner that the petitioner was in custody from 06.07.2013 to 22.09.2013 and further from 30.11.2022 as on date and, as such, it is submitted that the petitioner has already served sentence of four months, therefore, he deserves to be enlarged on bail.

It has also been pointed out that the witnesses examined on behalf of the accused i.e. DW2, DW4, DW5, DW8, DW33 and DW24 has not been appreciated in the right perspective.

It has further been pointed out that the learned Courts below including the trial Court and the learned lower appellate Court did not apply their judicial minds and committed gross error in appreciation of the fact that for want of the evidence of memo of arrest of the petitioner, who was said to have been arrested in a case and this petitioner with the help of co-accused persons wanted to get himself rescued unlawfully from the police custody and, therefore, the present case has been instituted but it has not been substantiated inasmuch as the memo of arrest of Rajesh Gupta has not been prepared as stated by the Investigating Officer in his deposition and, therefore, it is urged that the petitioner No.1 may be enlarged on bail.

On the other hand, Mr. Manoj Kumar, learned Government Advocate-III appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that the petitioner does not deserve to be enlarged on bail because of the

criminal antecedent and further he has been convicted in the serious offence, inter alia, under Sections 225, 332 and 353 of the Indian Penal Code and all the witnesses have supported the case of the prosecution, therefore, he may not be enlarged on bail.

Having taken into consideration the aforesaid submissions advanced on behalf of both the parties, perused the records of the case.

In the backdrop of the submissions advanced by the learned counsel for the parties and after perusing the materials available on record, this Court finds it just and reasonable to enlarge the petitioner on bail, accordingly, the petitioner, namely, Rajesh Gupta @ Rajesh Kumar Gupta Gupta is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousands only) with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Dhanbad in connection with Katras PS Case No. 120 of 2013, corresponding to GR No. 2023 of 2023 and TR No. 990 of 2019, subject to payment of fine as awarded by the learned Court below in different counts/ sections without being prejudiced to his right of defence.

Accordingly, IA No. 11156 of 2022 is disposed of. Cr. Revision No. 1165 of 2022 This Criminal Revision Application is admitted. Let original Lower Court Records be called for. Let it be posted under the heading "For Hearing" in its seriatim.

(Navneet Kumar, J.) Madhav/-